Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.

New York Court of Appeals
Mann Theatres Corp. v. Mid-Island Shopping Plaza Co., 62 N.Y.2d 930 (N.Y. 1984)
468 N.E.2d 51; 479 N.Y.S.2d 213; 1984 N.Y. LEXIS 4454
Cooke, Jasen, Jones, Kaye, Meyer, Simons, Wachtler

Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.

Opinion of the Court

OPINION OF THE COURT

Cross appeal taken as or right by Mid-Island Shopping Plaza Co. dismissed, without costs, upon the ground that cross-appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]), and motion by cross-appellant made on oral argument for leave to appeal granted. Order affirmed, without costs, for the reasons stated in the opinion by Justice Leon D. Lazer at the Appellate Division (94 AD2d 466); the remaining time within which appellants may cure the violation of paragraph 11 of the ground lease will commence to run on service on appellants, with notice of entry, of a copy of the order of Supreme Court, Nassau County, to be entered on the remittitur of this court.

*934Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

Reference

Full Case Name
Mann Theatres Corporation of California, Appellants-Respondents v. Mid-Island Shopping Plaza Co., as Successor in Interest to Mid-Island Shopping Plaza, Inc., and Mid-Plaza Associates, as Successor in Interest to Mid Plaza Cinema, Inc., Appellants-Respondents. (Action No. 1.). Mid-Island Shopping Plaza Co. v. Mid Plaza Cinema Associates, Appellants-Respondents. (Action No. 2.)
Cited By
53 cases
Status
Published